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Family Court–Where Ignorance of the Law Is an Excuse? CCFC Responds to San Diego Family Court’s Lawyers Matthew L. Green and James B. Gilpin of Best, Best & Krieger

Family Court--Where Ignorance of the Law Is an Excuse?

CCFC Responds to Family Court Judges Who Proclaim Ignorance of the Law. Maybe that explains a lot…

Family Court—Where Ignorance of the Law is an Excuse?

Our experience with Family Court judges has been universally bizarre—irrational rulings, ignoring evidence, tolerating perjury, and a chaotic standard of practice by divorce lawyers known to be unethical.  It’s led many of us to believe Family Court judges are crooked, swayed by bribery, favoritism, or simple malice.

But in CCFC’s RICO lawsuit, we’ve encountered a new phenomenon that’s surprising given that the the people we’re suing are judges:

Ignorance of the law.

That’s right—Family Court Judges, ignorant of the laws that apply to them and their colleagues.

Surprised?  Maybe not, but we were, especially given that we’ve sued eleven of them.  You’d think they could together figure out even a complex civil rights/RICO lawsuit given that they deal with constitutional rights on a daily basis, and each of them come from criminal backgrounds where complicated criminal conspiracies are ordinary.  But in our recent lawsuit the judges have together filed a motion to dismiss, claiming CCFC’s Complaint is “unintelligible” and “exhausting.”  They’ve gone so far as to describe our Complaint as a “bucket of mud.”   Not only are they confused, they’re angry!

They’re so angry they’re also requesting sanctions, asserting that the Complaint was filed in bad faith, without any basis in fact or law.

We were puzzled.  Our Complaint is certainly complex—it sets out 34 Counts of criminal and civil allegations against eleven judges, family court evaluators, divorce attorneys, the San Diego County Bar Association, and the National Family Justice Center Alliance among others.  But as we looked closer, we discovered the problem—the judges simply don’t understand the law.  They’ve asked for the District Court to dismiss the action using the wrong rule of civil procedure.  They claim the Complaint doesn’t plead affirmative defenses—defenses that they, as defendants, must plead and prove.  They’ve claimed that the complaint doesn’t explain how their racketeering operation works, when their own books, articles, and even a former lawsuit against them explains their operations in (what must be for them) agonizing detail.

It took us time to grasp this fact, but it’s now quite clear:

The judges simply don’t understand that what they’re doing is illegal.

Our October 28, 2013 letter sets for the explanation in terms that are simple enough for even–well–Family Court judges to understand.  Two days later Family Court judges immediately declined our offer to resolve the matter informally–clearly without taking even a moment to digest our lengthy disclosure in the letter.  CCFC has been forced to file an emergency motion and exhibits to request that the Court permit expanded briefing on this critical issue.

CCFC’s letter sets out arguments that judicial immunity doesn’t apply in this case to the illegal acts of judges and the court in its interaction with family court forensic psychologists.  There is no immunity to criminal charges–even for judges.  You may be surprised if you’ve thought, or were told, that judges are always immune, or that regular civil procedure “doesn’t apply” in family court.  We show why that’s wrong.

CCFC has also served notice of its own intent to file it’s own motion for sanctions, seeking compensation for the time expended in responding to Defendants’ unnecessary, wasteful, motion.

Stay tuned–we’re headed for a showdown at hearing in U.S. District Court in San Diego on November 22, 2013.  Both Family Court Judges and CCFC are requesting to throw out the other’s pleadings, and sanctions for the efforts.  It’s high stakes for parents, children, and Family Court judges.  We’ll soon learn more about whether judges truly are as ignorant as they claim–and act–as our lawsuit moves forward.

Family Court Judges—Ignorant of the Law.  Is it an excuse for them?

 

**UPDATE: NOVEMBER 22, 2013 HEARING HAS BEEN CONTINUED BY THE COURT TO DECEMBER 19, 2013. SEE OUR EVENT CALENDAR FOR DETAILS. YOU’RE WELCOME AND ENCOURAGED TO ATTEND!

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